Client Consulting Agreement and Contract Page
Web Page Checklist | Capabilities | Web Tools | Web Facts
This Agreement is made this ____ day of _______________ 19 ___ by and between _________________________________________, whose address is
________________________________________________[herein referred to as "Client" and Quarter Moon Productions, a photography studio, graphic design and web site development concern [herinafter referred to as 'QMOONPRO'].
1. Consulting Services: Service to be performed by QMoonPro for the CLIENT shall include: photography, graphic design, web page design and maintenance, copy writing and other duties specified by the CLIENT.
2. QMOONPRO Compensation, CLIENT shall pay QMOONPRO at its office in Carmel [Box 222599, Carmel, Ca 93922], for its services as follows;
i) For photography, graphic design, copy writing, and web design and maintenance services, and other agreed upon services, the CLIENT agrees to pay an hourly fee of Sixty dollars ($60.00).
ii) Expenses for CD media, magnetic media (disks), Internet services (e.g. domain set-up charges, maintenance of web sites) per the rates listed on the page of each ISP (internet service provider) or retail value of such media.
iii) Expenses for long distance telephone calls and travel greater than 100 miles per round trip attributable to the CLIENT, will be billed at QMOONPRO's cost ($0.30/mile). Reasonable travel expenses for CLIENT-approved travel is also billable including overnight motel room rental costs and meals not to exceed $100 per day. Travel time, after the first two hours of any trip, is billed at half of the hourly rate in 2(i).
3. Billing. QMOONPRO will bill on a bimonthly basis for work performed.
4. Terms. Terms of payment are five percent discount on each invoice if paid within ten (10) days of billing date; invoices payable in full after thirty (30) days. Accounts over thirty days shall be subject to a charge of five percent (5%) per month on the unpaid balance, QMOONPRO and CLIENT agreeing that while the QMOONPRO's damages for delayed receipt of funds due are at this time impractical to fix, said hourly charges are reasonable under the circumstances.
5. Materials and Ideas. All photographs, graphics, designs and design elements remain the exclusive property of the CLIENT, QMOONPRO will take reasonable care of all materials entrusted to it on behalf of CLIENT and shall return them to CLIENT upon expiration or termination of this AGREEMENT, but in absence of gross negligence on the part of the QMOONPRO or willful disregard by QMOONPRO of the CLIENT's property rights, QMOONPRO will not be held responsible for any loss, damage, destruction or unauthorized use by others of such property. While QMOONPRO takes great care in the handling of all materials left in its care, CLIENT agrees to provide only expendable, duplicate materials (e.g. slides, photos, artwork) for processing and scanning.
6. Confidential Information. QMOONPRO is under a duty to disseminate or use for its purposes, either during or after termination of this contract, any confidential information imparted to it by the CLIENT, and is under the duty to use reasonable care to restrict dissemination of such information on a 'need to know' basis. Confidential information in regard to these contractual obligations shall mean any information imparted to the QMOONPRO by CLIENT in writing and designated thereon as "Confidential Information."
7. Express Warranty Against Intellectual Property Infringement. CLIENT warrants that all materials, including photographs, logos, designs and test delivered to QMOONPRO under this agreement shall not infringe on the copyright, patent, trademark or trade secrets of any third party.
8. Indemnification. CLIENT will indemnify and hold QMOONPRO, and its employees harmless against any liability, loss, damage or cost (attorney's fees) arising out of any claim, suit or proceeding based on any action taken by QMOONPRO on behalf of the CLIENT.
9. Termination. This AGREEMENT shall continue indefinitely, at will, until terminated by either party upon written notice mailed or delivered to the other party. The rights, duties, and responsibilities of the parties shall continue in full force until notice is received. After notice is received, the AGREEMENT is terminated. No rights or liabilities shall arise out of this relationship in respect of unfinished work, regardless of any future plans for this work; PROVIDE, however, that the QMOONPRO shall be entitled to reimbursement of costs incurred and payment of services rendered prior to expiration of such notice.
10. Entire AGREEMENT. The agreement supersedes any other agreements, either oral or in writing, between the parties hereto, and contains all the covenants and AGREEMENTS between the parties hereto. Any modification of this AGREEMENT will be effective only if it is in writing by the party(ies) to be charged.
EXECUTED IN _______________________ , California, on the day and year first above mentioned.
"QMOONPRO"
by: Henry Benson
Quarter Moon Productions
Signature __________________________________________
Date: ______________________________________________
"CLIENT"
By: ________________________________________________
Name: _____________________________________________
Title: _______________________________________________
Signature: __________________________________________
Date: ______________________________________________
Contact: Henry Benson | Email: editor@centralcoastmagazine.com
Web Page: http://www.centralcoastmagazine.com